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Madras High CourtWP/21742/2016allowed

R.Jeyarammadu v. The Joint Registrar

2017-08-30Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.08.2017 Coram:

The Hon'ble Mr. Justice S.M. SUBRAMANIAM W.P.No. 21742 of 2016 Mr. R. Jeyarammadu

...Petitioner

Versus

1. The Joint Registrar Co-operative Societies Office of the District Collector, Thiruvallur District,

2. The Special Officer, S1, 109, Poonimangadu, Primary Agricultural Co-operative Society, Thiruvallur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus calling for the records relating to the order of the first respondent dated 28.04.2014 in Na.Ka.No.1645/2014/A3 and quash the same and direct the first respondent to consider the petitioner's revision petition dated 28.03.2014.

For petitioner : Mr.P.G.Perumal Pandian For respondents: Mr.L.P.Shanmuga Sundaram, Spl.Govt. Pleader (Co-op)

O R D E R

The order of rejection passed by the first respondent in proceedings, dated 28.04.2014 is under challenge in this writ petition. On a perusal of the order impugned, it is seen that the revision petition filed by the writ petitioner under Section 153 of the Tamil Nadu Co-operative Societies Act was rejected on the ground that there was a delay of three and a half years in filing the petition.

2. However, this Court is of the view that the writ petitioner was dismissed from service and this is the last opportunity available to the writ petitioner to adjudicate the matter on merits under the Act.

3. In this view of the matter, the delay in filing the revision petition stands condoned and the first respondent is directed to take the revision petition on file and dispose of the same on merits and in accordance with law by affording https://hcservices.ecourts.gov.in/hcservices/

opportunity to all the parties concerned, within a period of four months from the date of receipt of a copy of this order.

4. The writ petition stands allowed. However, there shall be no order as to costs.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar mrr To

1. The Joint Registrar Co-operative Societies Office of the District Collector, Thiruvallur District,

2. The Special Officer, S1, 109, Poonimangadu, Primary Agricultural Co-operative Society, Thiruvallur District.

+1 Cc to Mr.L.P. Shanmugasundaram, Advocate sr 62684. +1 CC to The Govt. Pleader sr 63348.

W.P.No. 21742 of 2016 SK(CO) sp(03/10/2017) https://hcservices.ecourts.gov.in/hcservices/